MCIAA exec defends move to suspend Yap
July 28, 2006 | 12:00am
The alternate chairman of the Mactan Cebu International Airport Authority board yesterday defended their decision placing General Manager Adelberto Yap under preventive suspension while the investigation into his alleged anomalous transactions is being conducted.
Assistant secretary Nilo Jatico of the Department of Transportation and Communication said that the board has the authority to suspend Yap contrary to his claim.
Yap, through his lawyers Joseph Randi Torregosa and Tadeo Tumaodos of the Angara Abello Concepcion Regala and Cruz (ACCRA) Law firm contested the board's decision putting him under preventive suspension for an indefinite period.
In his July 26 letter addressed to MCIAA board chairman and Department of Transportation and Communication Sec. Leandro Mendoza, Yap's lawyers said that, "while the board may have the authority to appoint, it however, does not have the authority under the law to discipline the General Manager of the Authority who is an ex-officio vice-chairman of the Board."
Jatico also said that the board's action was not in contempt of the Court of Appeals' 60-day temporary restraining order preventing Yap's removal as general manager.
According to Jatico, what the CA restrained was the Civil Service Commission's order for Yap to vacate his office because he is not qualified for the position. He said the order was specific and does not apply to the board members.
Jatico said that within one week, the board would decide whether or not to terminate Yap. The decision, however, would depend on the recommendation of the committee created by the board to look into Yap's alleged anomalous transactions.
The committee gave Yap five days to answer the charges filed against him over the alleged four questionable port transactions.
These cases do not cover the previous charges already filed against Yap before the Office of the Ombudsman-Visayas.
Meanwhile, the CSC yesterday confirmed that the MCIAA board revoked the irregular designation of Florencio Rodriguez as Public Affairs Division chief.
CSC regional director David Cabanag said the agency lauded the board after he was informed Wednesday that it has implemented his last week's order to relieve Rodriguez.
Yap designated Rodriguez as officer-in-charge of the Public Affairs Division in November 2005 to replace Ahmed Cuizon. - Fred P. Languido and Ferliza C. Contratista
Assistant secretary Nilo Jatico of the Department of Transportation and Communication said that the board has the authority to suspend Yap contrary to his claim.
Yap, through his lawyers Joseph Randi Torregosa and Tadeo Tumaodos of the Angara Abello Concepcion Regala and Cruz (ACCRA) Law firm contested the board's decision putting him under preventive suspension for an indefinite period.
In his July 26 letter addressed to MCIAA board chairman and Department of Transportation and Communication Sec. Leandro Mendoza, Yap's lawyers said that, "while the board may have the authority to appoint, it however, does not have the authority under the law to discipline the General Manager of the Authority who is an ex-officio vice-chairman of the Board."
Jatico also said that the board's action was not in contempt of the Court of Appeals' 60-day temporary restraining order preventing Yap's removal as general manager.
According to Jatico, what the CA restrained was the Civil Service Commission's order for Yap to vacate his office because he is not qualified for the position. He said the order was specific and does not apply to the board members.
Jatico said that within one week, the board would decide whether or not to terminate Yap. The decision, however, would depend on the recommendation of the committee created by the board to look into Yap's alleged anomalous transactions.
The committee gave Yap five days to answer the charges filed against him over the alleged four questionable port transactions.
These cases do not cover the previous charges already filed against Yap before the Office of the Ombudsman-Visayas.
Meanwhile, the CSC yesterday confirmed that the MCIAA board revoked the irregular designation of Florencio Rodriguez as Public Affairs Division chief.
CSC regional director David Cabanag said the agency lauded the board after he was informed Wednesday that it has implemented his last week's order to relieve Rodriguez.
Yap designated Rodriguez as officer-in-charge of the Public Affairs Division in November 2005 to replace Ahmed Cuizon. - Fred P. Languido and Ferliza C. Contratista
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